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Union of India Vs. Ram Sua Sharma [1996] INSC 267 (15 February 1996)

Ramaswamy, K.Ramaswamy, K.G.B. Pattanaik (J)

CITATION: 1996 SCC (7) 421 JT 1996 (3) 72 1996 SCALE (2)596

ACT:

HEAD NOTE:

O R D E R

Leave granted.

The controversy raised in this appeal is no longer res integra. In a series of judgments, this Court has held that a court or tribunal at the belated stage cannot entertain a claim for the correction of the date of birth duly entered in the service records. Admittedly, the respondent had joined the service on Decenber 16, 1962. After 25 years, he woke up and claimed that his correct date of birth is January 2, 1939 and not December 16, 1934. That claim was accepted by the Tribunal and it directed the Government to consider the correction. The direction is per se illegal.

The appeal is accordingly allowed. No costs.

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